The Department of Defense has approved a plan to detail hundreds of military lawyers to the Department of Justice to serve as temporary immigration judges.
In a memo dated Aug. 27, first reported by the Associated Press, Defense Secretary Pete Hegseth instructed the military to begin selecting groups of 150 Defense Department attorneys, both military and civilians, “as soon as practicable” — with the first round of people identified by next week. The move would come close to doubling the country’s total number of immigration judges.
At the request of the Justice Department, the move would last at least 179 days and have the option to be renewed.
The DOJ referred NOTUS to the DOD for comment, who did not immediately respond to NOTUS’ request for comment.
A White House official told NOTUS that the administration was looking at a variety of options to help resolve the significant backlog of immigration cases, including hiring additional immigration judges.
“This should be a priority that everyone — including those waiting for adjudication — can rally around,” a White House official said in a statement to NOTUS.
The International Federation of Professional and Technical Engineers, the union representing immigration judges, also did not respond to NOTUS’ request for comment; but said in July that at least 17 immigration judges had been fired “without cause” in courts across the country.
Immigration courts have historically faced significant backlogs. According to Syracuse University’s research organization TRAC, the current number of backlogged cases was more than 3.6 million in March 2025; down 1.6% from December 2024.
In the first months of President Donald Trump’s second term, about 100 immigration court professionals said they would be resigning or retiring in light of the Trump administration’s firing of about 50 immigration judges.
According to a local NBC affiliate, this has cost San Diego a quarter of its immigration judges.
In late July, 15 more immigration judges across Massachusetts, Illinois, Ohio, Texas, New York and California were informed their positions were being terminated.
In response to the exodus, the DOJ last week announced that temporary immigration judges would not be required to have experience in immigration law.
“Immigration law experience is not always a strong predictor of success as an immigration judge and [the Executive Office for Immigration Review] has hired individuals from other Federal agencies and Department components without prior immigration experience who have become successful and exemplary,” a notice filed by the Trump administration on the Federal Register announcing the change said.
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